Legal Opinion
Benedict v. Seasille Equities Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 1993PublishedCited by 7 opinions
1Opinion of the Court
— In an action for specific performance of a contract for the sale of land, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (McCarthy, J.), dated May 1, 1990, which, after a nonjury trial, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
We reject the plaintiffs’ contention that the affirmative defense of fraud was not properly pleaded by the defendants. "It is almost impossible to state in detail the circumstances constituting a fraud where those circumstances are peculiarly within the knowledge of the party against whom the defense is…
2Cases cited4 opinions
- Jered Contracting Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1968
- Simpson v. BellewAppellate Division of the Supreme Court of the State of New York · 1990
- Strauf v. Ettson Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Stempel v. RosenAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by7 opinions
- DiBruno v. AbramsAppellate Division of the Supreme Court of the State of New York · 1994
- Standard Builders Supplies v. GushAppellate Division of the Supreme Court of the State of New York · 1994
- New Day Builders, Inc. v. SJC RealtyAppellate Division of the Supreme Court of the State of New York · 1995
- Green v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Rivers v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 2012
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